Documented destruction and spoilage still part of the trial
McBride said the subject of Rambus’s document destruction is “not dead” in the trial “but is not enshrined” or “deified,” and in order to raise it the chip manufacturers will have to pass “a test of evidence.”
It just can not be brought up in opening statements and Superior Court Judge James McBride in San Francisco today rejected the chip manufacturers’ request that jurors be instructed that Rambus’s document destruction is proven.
RMBS shares holders don't get to exceited. The judge knows if he doesn't allow pertenet evidence in trial there will be an appeal on the basis. The truth will be heard. RMBS is a patent troll, with a litigation strategy that included spoilage and the dameges that RMBS incurred from RDARAM is O because RDRAM had inherent deficiencies in its technology, which was less efficient, more costly to produce and more difficult to implement than competing technologies
Superior Court Judge James McBride in San Francisco today rejected the chip manufacturers’ request that jurors be instructed that Rambus’s document destruction is proven. The chipmakers based their request on a federal appeals court’s ruling last month that Rambus destroyed documents relevant to patent cases against them.
The fact that Micron was going to sue Rambus in Delaware and that it was years later going to collude with other manufacturers to "Kill Rambus" should have occurred to Rambus legal before it approved the document retention policy. That is what Microns lawyers are using as an excuse in this case? Pitiful attempt at spin.
None of this is news. Judge Kramer already ruled on this and Judge McBride just confirmed it.
The judges see the spoliation aspect as obfuscation - a side show. MU can bring it up if they want, but it will be a very short leash. MU may also then open the door for Rambus to bring up MU's little shredding party at the time of the DOJ investigation.
This was MU's last "hail Mary" - now it must think seriously about giving Rambus a very large out of court settlement. Or bet the company on this lawsuit, where damage could go as high now as $15B with interest and another 2 years of SDRAM and DDR sales to tack on.
Alleged spoliation of documents was relevant to patent application. It has nothing to do with price fixing. This trial is about the conduct of Micron, Hynix et al not about Rambus. The alleged spoliation issue in the other trials is not yet a final decision so it cannot be brought against Rambus as a FACT in this trial.
There are plenty of documented FACTS about the cartels price fixing which will come up however including Guilty Pleas before the DOJ.